SENTIMENTAL SCREENING: AN ANALYSIS OF THE LEGAL CONSEQUENCES OF THE SENTIMENTAL SCAM

Abstract

Sentimental fraud is a form of fraud in which the fraudster uses emotion and affection to obtain advantages, such as money or material benefits, with the intention of deceiving the victim. Sentimental fraud usually involves a relationship, where the fraudster takes advantage of the victim's good faith, usually with promises of love or attention. Sentimental scamming can also happen online, such as when a scammer tries to get money from a prospect through text messages or email. Sentimental stalking is an extremely damaging practice, as in addition to causing financial damage, it can also affect the victim's mental health. Considering that the crime of Stelionato is already foreseen in Brazilian legislation, the objective of this article is to analyze the legal consequences of Sentimental Scam. To this end, a descriptive study was conducted based on the Brazilian legislation, as well as on doctrine and jurisprudence. The analysis of the results showed that Sentimental Betrayal has several legal consequences, among which stand out the criminal liability of the offender, the civil liability of the offender, as well as the liability of third parties involved. Besides, it was verified that Sentimental Stelionato is a crime that can be characterized in several ways, which makes its identification and punishment difficult. It is concluded, therefore, that it is necessary to increase the awareness of the victims, besides updating the Brazilian legislation to better prevent and punish Sentimental Stelion.